Mid-Century Insurance Company vs. Omar Christopher Gomez

Motion to Strike

Cal. Super. - 4th Dist.March 22, 2017

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Gregg Strumwasser, Esq. (SBN 188853) David A. Leeds, Esq. (SBN 199603) Law Offices of Hartsuyker, Stratman & Williams-Abrego 4607 Lakeview Canyon Road, #275 Westlake Village, California 91361 (818) 540-4420 Tel. (818) 540-4445 Fax Attorneys for Plaintiff MID-CENTURY INSURANCE COMPANY SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE MID-CENTURY INSURANCE COMPANY, Plaintiff, OMAR CHRISTOPHER GOMEZ, JUAN GOMEZ, DOES 1 through 30, Inclusive Defendants. TO DEFENDANT ZAVEN OGANESYAN AND HIS ATTORNEY OF RECORD: PLEASE TAKE NOTICE that on December 7, 2017, at the hour of 9:30 a.m. in Department C03 of the above-entitled court located at 700 Civic Center West, Santa Ana, CA 92701, plaintiff MID- CENTURY INSURANCE COMPANY, will move this court for an orderstriking the Answer of defendants, OMAR CHRISTOPHER GOMEZ and JUAN GOMEZ,as a result of defendant’s misuse of] discovery in failing to provide verified answers to Interrogatories, and Demand for Production of Documents, after being so ordered by the court. MOTION TO STRIKE ANSWER- Pg. 1 of 5 ) Case No.30-2017-00910257-CL-PA-CJ C ) . ) NOTICE OF MOTION AND MOTION TO ) STRIKE THE ANSWER OF DEFENDANT FOR ) MISUSE OF DISCOVERY AND FAILURE TO ) COMPLY WITH COURT ORDER TO RESPOND ) TO DISCOVERY; REQUEST FOR MONETARY ) SANCTIONS, DECLARATION OF DAVID A. ) LEEDS, AND MEMORANDUM OF POINTS ) AND AUTHORITIES ) ) DATE: December 7, 2017 ) TIME: 9:30 a.m. ) DEPT: C03 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff at the same time will ask that the court award monetary sanctions in the amount of $500.00 against defendants, OMAR CHRISTOPHER GOMEZ and JUAN GOMEZ, for misuse of discovery in not providing verified answersto interrogatories and demand for production of documents. The motion to strike and request for monetary sanctions will be based upon this notice, accompanying declaration, supporting memorandum of points and authorities, and all other pleadings, records and papers on file herein. DATED: November 2, 2017 Hartsuyker, Stratma By: illiams-Abrego { David A. Leeds, Esq. Attorney for Plaintiff MOTION TO STRIKE ANSWER- Pg. 2 of 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF DAVID A. LEEDS I, DAVID A. LEEDS, do hereby declare: Ii; [ am an attorney at law duly authorized to practice in all courts ofthe State of California, and an attorney at the Law Offices of Hartsuyker, Stratman & Williams-Abrego, attorneys of record herein for plaintiff MID-CENTURY INSURANCE COMPANY. Iam familiar with the matters stated herein, and if called upon to testify, I could and would competently testify to the following matters as they are personally known to me. 2: On August 31, 2017 plaintiff successfully brought motions compelling verified answers to Form Interrogatories and Demand for Production of Documents. A true and correct copy of the relevant Notice of Ruling is attached hereto as Exhibit 1. The court ordered defendants OMAR CHRISTOPHER GOMEZ and JUAN GOMEZ to provide verified discovery responses within twenty (20) days. 3 No verified answers to interrogatories or demand for production of documents have been received by plaintiff from defendants, OMAR CHRISTOPHER GOMEZ and JUAN GOMEZ, as ordered by the court. 4. I have spent approximately one hour in preparing this motion and I foresee another three hours on the appearance in this matter, including travel time. My regularbilling rate is $125.00 per hour. I declare under penalty of perjury under the laws of the State of California that the foregoingig true and correct. Executed this 2nd day ofNovember, 2017 at Nestei David A. Leeds, Esq. Attorney for Plaintiff MOTION TO STRIKE ANSWER- Pg. 3 of 5 10 11 12 13 14 15 16 17 18 19 20 2. 22 23 24 25 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES Ls THE COURT IS EMPOWERED TO STRIKE THE PLEADINGS OF ANY PARTY FAILING TO ENGAGE IN THE DISCOVERY PROCESS AND FAILING TO COMPLY WITH A COURT ORDER TO RESPOND TO DISCOVERY. Code of Civil Procedure, Sections §2023.010(d), §2023.010(g) and §2023.030(d) authorizes striking a pleading of any party engaging in the misuse of the discovery process, and/or ordering monetary sanctions. As indicated in the attached Declaration of David A. Leeds, on August 31, 2017 this wind] ordered defendants OMAR CHRISTOPHER GOMEZ and JUAN GOMEZ to provide verified | responses to Interrogatories and Demand for Production of Documents. Defendant hasfailed to comply with the court’s order to respond to discovery. Plaintiff respectfully requests that the court strike the answer of defendants, OMAR CHRISTOPHER GOMEZ AND JUAN GOMEZ, and that default be entered against defendant forthwith. Further, plaintiff requests monetary sanctions in the amount of $500.00 for the time and expense relative to this motion. DATE: November 2, 2017 Respectfully submitted, Hartsuy 8 ahs-Abrego By: / SN ( David A. Bete Esq. Attorney for Plaintiff MOTION TO STRIKE ANSWER- Pg. 4 of 5 EXHIBIT 1 O o o o ~ a N w h ~ ~ w N o - N N N N N N N N E F I 8 H E E R V R E T 3 a x 2 6 0 2 5 GREGG STRUMWASSER (SBN 188853) DAVID A. LEEDS (SBN 199603) DOWNS & ASSOCIATES ELECTRONICALLYFILED 4607 Lakeview Canyon Rd., Suite 275 ae" Westlake Village, California 91361 nr Telephone:(818) 540-4420 paraoaon Facsimile: (818) 540-4445 By Cleric Deputy Clerk OurFile No.: 3003071697 Attorney for Plaintiff MID-CENTURY INSURANCE COMPANY SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE LIMITED JURISDICTION-CIVIL MID-CENTURY INSURANCE COMPANY, ) Case No.: 30-2017-00910257 ) Plaintiff, ) Vv. ) NOTICE OF RULING ) OMAR CHRISTOPHER GOMEZ,et al. ) ) Defendants ) ) TO ALL INTERESTED PARTIES: PLEASE TAKE NOTE that on August 31, 2017, at 9:30 a.m. in Department C03 of the above-entitled Court, Plaintiff's motions to compel verified answersto: (1) request for production of documents propounded to defendants; (2) form interrogatories propounded to defendants, came on regularly for hearing. Attorney, David A. Leeds, appeared for Plaintiff, MID-CENTURY INSURANCE COMPANY via Courtcall. Defendant, OMAR CHRISTOPHER GOMEZ, In Pro Per, appeared in person. Defendant, JUAN GOMEZ, In P ro Per, appeared in person. NOTICE OF RULING © 0 u N wn BR W N N O R N N N N N N N ® JI A R R O N S E ®» J o Rr ®» 0 ~~ oo The Court, having considered the evidence, ruled as follows: Motion To Compel Form Interrogatories (Defendant Omar Christopher Gomez) The Motion is granted. No later than September16, 2017, Defendant, OMAR CHRISTOPHER GOMEZ,shall serve verified written responses, without objections, to the first set ofform interrogatories. Motion To Compel Form Interrogatories (Defendant Juan Gomez) The Motion is granted. No later than September16, 2017, Defendant, JUAN GOMEZ, shall serve verified written responses, without objections, to the first set of form interrogatories. Motion To Compel Production of Documents (Defendant Omar Christopher Gomez) The Motionis granted. No later than September 16, 2017, Defendant, OMAR CHRISTOPHER GOMEZ, shall serve verified written responses, without objections, to the first set of document requests. Motion To Compel Production of Documents (Defendant Juan Gomez) The Motion is granted. No later than September16, 2017, Defendant, JUAN GOMEZ, shall serve verified written responses, without objections, to the first set of document requests. Request for Monetary Sanctions The Court denied Plaintiff's request for monetary sanctions as to both Defendants. DATED: September1, 2017 Attorneys for Plaintiff MID-CENTURY INSURANCE COMPANY NOTICE OF RULING O o 0 9 O N n n B A R W O N = R O N D O N e 2 oe ao R B B H E B E E E o S E R E D RE E E PROOF OF SERVICE (C.C.P. §§1013a, 2015.5 and FRCP 5) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES: I ama citizen ofthe United States, over the age ofeighteen years and not a party to the within entitled action. Iam employed at DOWNS & ASSOCIATES, 31051 Agoura Rd., Westlake Village, California 9 1361. On oyL/ [| , I servedthe attached described document: NOTICE OF RULING on the interested party(ies)in said action, by placing a true copythereof, enclosed in a sealed envelope, addr essed as follows: Juan Gomez 9731 Acacia Ave., Apt. 7B Garden Grove, CA. 92841 Omar Christopher Gomez 9731 Acacia Ave., Apt. 7B Garden Grove, CA. 92841 and served the named document in the manner indicated below: [XX] BY MAIL: I caused true and correct copies of the above documents, by following ordinary b usiness practices, to be placed and sealed in envelope(s) addressed to the addressee(s), at the offices of DOWNS & ASSOCIATES, 31111 Agoura Road, Westlake Village, California 91361, for collection and mailing wit h the United States Postal Service, and in the ordinary course of business, correspondence placed for collection on a pa rticular day is deposited with the United States Postal Service that same day. 1am aware that on motion ofthe party served, service is presumed invalid if postal cancellation date or postage meter date is more than one dayafter date of deposit for mailing in affidavit. [1] BY PERSONAL SERVICE: I caused true and correct copies of the above documen ts to be placed and sealed in envelope(s) addressed to the addressee(s) and I caused such envelope(s) to be deliv ered by hand on the office(s) of the addressee(s). [1] BY EXPRESS SERVICES OVERNITE: I caused true and correct copies of the above documents to be placed and sealed in envelope(s) addressed to the addressee(s) and I caused such envelope(s) to be delivered to EXPRESS SERVICES OVERNITE for overnight courier service to the office (s) ofthe address ee(s). [1] BY FACSIMILE: I caused a copy(ies) of such document(s)to be transmi tted via facsimile machine. The fax number of the machine from which the document was transmitted was fax nu mber: (818) 540- 4445. The fax number(s) of the machine(s) to which the document(s) were transmitted are listed ab ove. The fax transmitted was reported as complete and without error. I caused the transmitting facsimile machi ne to print a transmission record of the transmission, a copy of whichis attached to this declaration. [1] BY ELECTRONIC SERVICE [se addressees aslisted above or mtheservicelist [XX] (STATE) I declare under penalty foregoing is true and correct. Executed on 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PROOF OF SERVICE (C.C.P. §§1013a, 2015.5 and FRCP 5) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES: I am employed in the County of Los Angeles, State of California. Iam over the age of 18 and not a party to the within action. My business address is Law Offices of Hartsyuker, Stratman & Williams-Abrego, 31051 Agoura Road, Westlake Village, CA 91361. On | | 2 2017] __, Iserved the foregoing document described as: NOTICE OF MOTION & MOTION TO COMPEL RESPONSES & ORDER on the interested party(ies) in said action as stated below: Omar Christopher Gomez & Juan Gomez 9731 Acacia Avenue, Apartment 7B Garden Grove, CA 92841 Courtesy Copy to: David Wasson, Esq. Wasson & Associates, Inc. 250 North Golden Cir. Ste., 210 Santa Ana, CA 92705 in the manner indicated below: [X] BY MAIL:I served true and correct copies of the document(s) above, by enclosing them in an envelope and placing the envelope for collection and mailing, at the offices of Law Offices of Hartsyuker, Stratman & Williams-Abrego, 31051 Agoura Road, Westlake Village, California 91361, following our ordinary business practices. I am readily familiar with this business’s practice for collecting and processing correspondence for mailing. On the same daythat correspondence is placed for collection and mailing,it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. [] BY PERSONAL SERVICE:I caused true and correct copies of the above documents to be placed and sealed in envelope(s) addressed to the addressee(s) and I caused such envelope(s) to be delivered by hand to the address of the addressee(s) listed above. [1] BY FEDERAL EXPRESS:I placed true and correct copies of the above document(s) in a sealed envelope addressed to the addressee(s) listed aboveto be delivered by FEDERAL EXPRESS for next day delivery. [1] BY FACSIMILE:I served true and correct copies of the above document(s) via facsimile machine. The fax numberof the machine from which the document was transmitted was fax number 848-540-4445. The fax number(s) of the machine(s) to which the document(s) were transmitted are listed above. The fax transmitted was reported as complete and without error. [1 BY ELECTRONIC SERVICE: I served true and correct copies of the document(s) above via electronic mail addressed to the addressee(s) listed above. The electronic mailing address to which the document(s) were transmitted are listed above. No error was reported. I declare under penalty of perjury under the laws of the State of Executed on il | 2 | Z0 | ] , at Westlake Village, nia ja that the foregoing is true and correct. PROOF OF SERVICE